The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-03-04
HISTORY OF A PARTISAN DECISION.

mire of partisan politics and lower it i'm
measurably in the estimation Of honest men,
The first time the court failed to respond to
the hopes of the conspirators the Sentinel
damned ''their cowardly souls the second
time it said 1.-TWO of the three (judges) who
refused to respond to the demands of the peo-
pie now receive their scorn, and will receive
their rebuke if ever again they offer them
selves as candidates in Indiana" This threat
is aimed at the two Democratic judges who
declined to violate their convictions of duty
and the plain provisions of the Constitution
by making decision as demanded" by the
revolutionists.
This attempt to dragon the Supreme Court
into making a partisan decision is history re-
peating itself, with this difference: that in
former memorable case the court yielded to
party clamor and supposed party necessity,
while in this case it did not. The result of
the yielding was disastrous to the party that
expected to profit by the decision. The case
referred to is that of the constitutional
amendments, and its history conveys les
son. Seven amendments to the Constitution
were agreed to by the general assemblies of
1877 and 1879, and an act was passed provid-
ing for their submission to vote of the peo-
pie for ratification or rejection at the spring
election held on the first Monday in April,
| 1879. Among the amendments was one
changing the time of the State
| election from October to November,
change manifestly in the interest of
political reform and desired by the people.
The other amendments were important. relat-
/ ing chiefly to proposed reforms in the State gov
eminent. The amendments were all adopted,
anu formal announcement Of the fact was made
| by the Governors proclamation of April Is,
| 1879. But the Democratic managers wanted
Indiana to continue an October State, be-
cause Mr.. Hendricks was a prospective candi-
date for President in 1880, and they wanted
| to use the argument of Indiana being an Oc-
tober State to secure his nomination. To pre-.
went the adoption of the amendment making
Indiana a November State they were willing
to defeat all the other amendments. Thou
sands Of Democrats had voted for the amen d.
ments on the ground Of good government, but
the bosses cared nothing for this They pro-
posed to defeat the election amendment and,
if necessary, all the others with it. Accord
! ingy, contested election case was made in
the city of New Albany, and brought by ap-
peal to the Supreme Court By this time it
had become political question. The object
Of the Democrats was understood, and was
openly opposed and denounced by the Repub-
leans A strong political pressure was brought
to bear on the court, both confluence the decis-
ion and to hasten it so it might affect the action
of the Democratic national convention, which
was to meet at Cincinnati on June 90, $780,
| The decision of the court was rendered
on the 18th of June, the Friday preceding
| the Tuesday on which the convention was
! to meet 1t held the amendments to be in
valid, and their adoption by the people of no
force because, while the amendments received
large majority Of all the votes cast for or
against, they did not receive 4 majority of all
the votes cast at the spring election. 1t was
technical point and partisan decision and
the people saw through It. The decision was
rendered with indecent haste. The argument
o'clock on the afternoon of Thursday and the
opinion of the court, covering about forty five
pages Of legal cap, was rendered about noon
on Friday. It had been foreshadowed fol
some time, and was, undoubtedly. prepared
in advance to be used at Cincinnati It was
known in Democratic circles in advance what
the decision would be. Three judges, one Of
whom was Howk, concurred, and two judges
one of whom was Niblack, dissented ma
lority cs the court did then what the Demo
cratic bosses want them to do now-yielded tt
party cla.nor. Immediately after the decision
was handed down, and before it was made
public, Judge Worden walked into the Law
library where Mr.. James Ell. Rice and some
other Democrats were sitting, and said
"Well, Jim, guess you had better
telegraph it to the boys that we over
threw the amendments this morning by vote
of three to two. They will be glad Il
know about it." Mr. Rice was theI
secretary of the Democratic State centra
committee. The decision was telegraphed st,
the boys and was used by them for all ther
, was in it. 1t made Indiana an October Stat
L. l..k l.. I I i